in the Estate of Bernice Jeanette Williams ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-17-00406-CV
IN THE ESTATE OF BERNICE JEANETTE WILLIAMS, DECEASED
From the County Court at Law
Walker County, Texas
Trial Court No. 8353-PR
MEMORANDUM OPINION
The parties are not new to the Court, and their attorneys are familiar with the long
procedural history as well as the current legal posture of this proceeding. Accordingly,
we will make only a brief reference thereto in our disposition of the current appeal.
The current appeal relates to an order that determined a tract of property was not
capable of partition in kind and ordered it sold. Subsequent to that order, the trial court
proceeded to a sale of the property. The terms of the sale were presented to the trial court
and approved by an order of the trial court. The property was sold. The sale was
confirmed, and the proceeds of the sale and another tract of property were distributed,
all according to subsequent orders of the trial court.
The appellee has filed a motion to dismiss the appeal arguing that because the
appellant did not file a supersedes bond regarding the order that is the subject of the
appeal, and, moreover, because the property has been sold and the proceeds distributed
and none of the subsequent orders have been appealed, the existing proceeding is moot
because this Court cannot grant any relief in this proceeding that can impact the
parties. We requested a response from the appellant to the appellee’s motion to
dismiss. In her response, the appellant contends the buyer was well aware of the
litigation regarding the property and is not a good-faith-purchaser-for-value. However,
upon the strength of the authorities cited in appellee’s motion to dismiss as well as the
authorities cited in the following footnote, we grant the appellee’s motion.1
This proceeding is dismissed as moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted
Appeal dismissed as moot
Opinion delivered and filed October 17, 2018
[CV06]
1
Mitchell v. Turbine Res. Unlimited, Inc., 523 S.W.3d 189, 196 (Tex. App.—Houston [14th Dist.] 2017, pet.
denied) (appeal regarding order authorizing receiver to sell vehicles became moot when vehicle sold);
Walston v. Walston, Nos. 10-94-00169-CV & 10-94-00251-CV, (Tex. App.—Waco June 14, 1995, writ denied)
(not designated for publication) (in a divorce proceeding, homestead ordered sold; no supersedeas filed;
in subsequent appeal of partition suit where receiver appointed, appeal was moot once property sold and
receivership closed); Foster v. Foster, 583 S.W.2d 868 (Tex. Civ. App. —Texarkana 1979, no writ) (where no
supersedeas filed, appeal of order selling homestead was moot when homestead sold during pendency of
appeal); Shaw v. Allied Fin. Co., 319 S.W.2d 820 (Tex. Civ. App.—Fort Worth 1958, no writ) (in appeal from
order appointing receiver and no supersedeas filed, appeal dismissed as moot because receiver already
sold the property).
In the Estate of Williams Page 2